CHARLESTON, W.Va. – On December 28, 2022, the Electoral Count Reform and Presidential Transition Improvement Act, legislation introduced by U.S. Senator Shelley Moore Capito (R-W.Va.) and a bipartisan group of senators, was signed into law. The bipartisan Electoral Count Reform and Presidential Transition Improvement Act, which is now law, will reform and modernize the outdated Electoral Count Act of 1887, ensuring the electoral votes tallied by Congress accurately reflect each state’s vote for president, as well as promote a peaceful transition of power between the outgoing and incoming president.

“I am a firm supporter of our electoral system, which allows states to administer elections based on the tailored needs of their populations,” Senator Capito said. “The federal government should not be tasked with adjudicating lawfully cast votes, which is why I proudly introduced this legislation and provided support as a member of the Senate Rules Committee. I am thrilled to see this bill become law and reaffirm each state’s rightful responsibility to administer their elections, help deter bad faith decertification efforts on both sides of the aisle, and provide the common-sense solutions we need.”

BACKGROUND:

The Electoral Count Reform and Presidential Transition Improvement Act includes the following provisions:

1)   Electoral Count Reform Act: This section willreform and modernize the outdated Electoral Count Act of 1887 to ensure that electoral votes tallied by Congress accurately reflect each state’s vote for President. It would replace ambiguous provisions of the 19th-century law with clear procedures that maintain appropriate state and federal roles in selecting the President and Vice President of the United States as set forth in the U.S. Constitution.

2)   Presidential Transition Improvement Act: This section will help to promote the orderly transfer of power by providing clear guidelines for when eligible candidates for President or Vice President may receive federal resources to support their transition into office.

In developing the bills, Senator Capito and her colleagues received input from state election officials as well as from an ideologically diverse group of election experts and legal scholars, including the American Law Institute. 

A one-pager on the Electoral Count Reform Act is available here.

A one-pager on the Presidential Transition Improvement Act is available here.

 

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